GENERAL NOTICES/ERRATA

Vol. 27 Iss. 10 - January 17, 2011

Notice of Bacteria TMDL Modification of James River and Tributaries – Lower Piedmont Region in Goochland, Fluvanna, Louisa, Powhatan, and Cumberland Counties, Virginia

The Department of Environmental Quality (DEQ) seeks public comment from interested persons on seven proposed minor modifications of the total maximum daily loads (TMDLs) developed for the impaired segments: Beaverdam Creek (H38R-03), Fine Creek (H38R-01), and the James River (H33R-01 and H38R-04).

A total maximum daily load of E. coli was developed to address the bacterial impairments in the waterways and counties mentioned above. This TMDL was approved by the Environmental Protection Agency on June 11, 2008. The report is available at: http://www.deq.virginia.gov/ tmdl/apptmdls/jamesrvr/jmsgrp2.pdf. DEQ seeks written comments from interested persons on seven minor modifications of this TMDL. Two modifications are proposed for Beaverdam Creek. The first is to remove Huguenot Academy (VA0063037) that should not have been given a waste load allocation (WLA) in Beaverdam Creek because it discharges to Fine Creek. The WLA of 6.96E+09 colony forming units per year (cfu/yr) based on a maximum discharge of 0.004 million gallons per day (MGD) will be added to the "future growth" for Beaverdam Creek. The second is to add a new discharger, Oilville Waste Water Treatment Plant (WWTP) (VA0092428), which is a municipal facility with a maximum discharge of 0.3 MGD and a WLA of 5.22E+11 (cfu/yr). The revised future growth in Beaverdam Creek as a result of this modification will be 1.58E+12 (cfu/yr). The proposed changes for the Beaverdam Creek TMDL are equal to < 1.0%.

One modification is proposed for Fine Creek, which is to add discharger Huguenot Academy (VA0063037), originally allocated to Beaverdam Creek by mistake. A WLA of 6.96E+09 (cfu/yr) will be assigned to the discharger from "future growth." The revised future growth in Fine Creek as a result of this modification will be 2.96E+10 (cfu/yr). The proposed changes for the Fine Creek TMDL are equal to < 1.0%.

Two modifications are proposed for the upper James River (H33R-01) segment in order to include two domestic sewage discharges (VAG404276 and VAG404277) with a maximum discharge of 0.001 MGD each. These dischargers were not assigned WLAs in the TMDL. A WLA of 1.74E+09 (cfu/yr) will be assigned to each discharger from "future growth." The revised future growth in the upper James River as a result of these modifications will be 2.79E+11 (cfu/yr). The revised total WLA in the upper James River as a result of these modifications will be 3.49E+11 (cfu/yr). The proposed changes for the upper James River (H33R-01) TMDL are equal to <1.0%.

Two modifications are proposed for the lower James River (H38R-04) segment in order to include two domestic sewage discharges (VAG404276 and VAG404277) with a maximum discharge of 0.001 MGD each. These dischargers were not assigned WLAs in the TMDL. A WLA of 1.74E+09 (cfu/yr) will be assigned to each discharger from "future growth." The revised future growth in the lower James River as a result of this modification will be 6.54E+12. The proposed changes for the lower James River (H38R-04) TMDL are equal to <1.0%.

The proposed WLA changes above will neither cause nor contribute to the nonattainment of the James River basin. The public comment period for these modifications will end on February 16, 2011. Please send comments to Margaret Smigo, Department of Environmental Quality, Piedmont Regional Office, 4969-A Cox Road, Glen Allen, VA 23060, by email at margaret.smigo@deq.virginia.gov, or by FAX at (804) 527-5106. Following the comment period, a modification letter and any comments received will be sent to EPA for final approval.

Notice of Citizen Nomination of Surface Waters for Water Quality Monitoring

In accordance with § 62.1-44.19:5 F of the Code of Virginia, the Water Quality Monitoring Information and Restoration Act, the Virginia Department of Environmental Quality (DEQ) has developed guidance for requests from the public regarding specific segments that can be nominated for consideration to be included in DEQ's annual Water Quality Monitoring Plan.

Any citizen of the Commonwealth who wishes to nominate a water body or stream segment for inclusion in DEQ's Water Quality Monitoring Plan should refer to the guidance in preparation and submittal of their requests. All nominations must be received by April 30, 2011, to be considered for the 2012 calendar year. Copies of the guidance document and nomination form are available online at http://www.deq.virginia.gov/cmonitor/.

Notice of Public Comment Period for Revised No Discharge Zone Application for Farnham Creek in Richmond County and Lancaster Creek in Richmond and Lancaster Counties

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) is announcing its intent to apply to the U.S. Environmental Protection Agency (EPA) to designate a

federal No Discharge Zone and is seeking public comment on the revised draft application.

Previous meeting and comment period: A public meeting to solicit public comment for the designation of Farnham Creek and Lancaster Creek as federal No Discharge Zones (NDZs) was held on October 5, 2010. Public comments from stakeholders and EPA were received and used to revise the draft application that is now presented for public review. A NDZ designation bans the overboard discharge of human sewage, either treated or untreated, in these creeks. The NDZ does not, however, apply to greywater boat discharges.

Description of study: House Bill 1774 (2009 Session of the General Assembly) resolves that all tidal creeks in Virginia be designated federal No Discharge Zones, and directs the DEQ to pursue this designation. It is currently illegal to discharge raw sewage in U.S. territorial waters. In a NDZ, this ban is expanded to include sewage treated by on-board marine sanitation devices. This designation is determined by EPA upon application from the states, and is contingent on the states' demonstrating a) the need for enhanced protection of water quality, b) the availability of sufficient local alternatives to overboard discharge (i.e. pump-outs), and c) local stakeholder support. DEQ is seeking this designation as one component of a clean-up plan for small tidal Chesapeake Bay tributaries. These small tributaries are frequently impaired for shellfish harvest due to elevated levels of fecal bacteria. NDZs will also prevent the direct discharge of nutrients from boats to these creeks that will help Virginia reach the goals in the Chesapeake Bay total maximum daily load for nutrient reduction. DEQ has conducted an analysis of boat traffic and pump-out availability in Farnham and Lancaster Creeks, and concluded that existing pump-out facilities are adequate to service estimated peak-season demand. A revised draft application for the NDZ designation has been prepared and is available for public review and comment.

Stream Name

County

Area proposed for NDZ

Farnham Creek

Richmond

All contiguous waters upstream of its mouth at the Rappahannock River

Lancaster Creek

Richmond and Lancaster

All contiguous waters upstream of its mouth at the Rappahannock River

Summary of NDZ application revision: Three main revisions have been made to the draft application to include the following:

(1) Inclusion of the Lancaster County side of Lancaster Creek. Due to the difficulty in utilizing the established EPA formula to calculate service requirements for half of any given creek, the Richmond County application now incorporates all of Lancaster Creek, including the Lancaster County portion. The Lancaster County portion was excluded in the first draft of the NDZ application.

(2) Updated facility information. In section 3 of the application, the hours of operation for Whelan's Marina were changed from 24 hours per weekend to 5 hours per weekend in order to reflect the information provided in writing by Whelan's Marina. Also, Garrett's Marina, located on the Essex County side of the Rappahannock River, was included as an alternative marina located within a reasonable distance from the proposed NDZ. This addition is for informational purposes only and Garrett's services are not included in the calculations of the EPA formula in section 7 of the application.

(3) Updated number of vessels and estimated number of facilities needed (sections 3.3 and 7 of the application). In the interest of obtaining a conservative estimate of the number of facilities needed to provide pumpout and dump-station services for every potential vessel in the proposed NDZ, the formula now uses the combined totals from marina surveys (i.e., field data) and numbers from the U.S. Coast Guard. Also, because all of Lancaster Creek is now part of the application (including the Lancaster County portion), a proportional number of boats from Lancaster County was added to Richmond County's total vessels, based on the number of E911 structures that are part of Lancaster Creek's watershed on the Lancaster County side of the creek.

The revised draft NDZ application for Farnham and Lancaster Creeks is available for review at: http://www.deq.virginia.gov/tmdl/ndz.html

How to comment: DEQ accepts written comments by email, fax, or postal mail. Written comments should include the name, address, and telephone number of the person commenting and be received by DEQ during the comment period, which will expire on February 16, 2011.

The Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation (DCR) seek written and oral comments from interested persons on the development of an implementation plan (IP) for bacteria total maximum daily loads (TMDLs) on a 7.33 mile stream segment of Goldmine Creek in Louisa County; a 2.51 mile segment of Beaver Creek, a 2.52 mile segment of Mountain Run, a 12.15 mile segment of Pamunkey Creek, a 3.12 mile segment of Terry's Run in Orange County, and a 3.12 mile segment of Plentiful Creek in Spotsylvania County. The TMDLs for these stream impairments were completed in August 2005 and can be found in the bacteria TMDLs for York River Basin Orange, Louisa, Spotsylvania Counties, Virginia study report on DEQ's website at http://www.deq.virginia.gov/tmdl/apptmdls/rapprvr/urappaec.pdf.

Section 62.1-44.19:7 C of the Code of Virginia requires the development of an IP for approved TMDLs. The IP should provide measurable goals and the date of expected achievement of water quality objectives. The IP should also include the corrective actions needed and their associated costs, benefits, and environmental impacts.

The first public meetings to discuss the development of the IP for the bacteria TMDLs will be held on Tuesday, January 25, 2011, at 6:30 p.m. at the Louisa County Administration Building, 1 Woolfolk Avenue, Louisa, VA, and Wednesday, January 26, 2011, at 6:30 p.m. at the Town of Orange Public Works Community Room, 235 Warren Street, Orange, VA. At these meetings, the implementation plan development process will be discussed and citizens will learn how they can be part of the public participation process. The agenda and presentations will be the same for both meetings.

The 30-day public comment period on the information presented at the meetings will end on February 28, 2011. A fact sheet on the development of an IP for Goldmine Creek, Beaver Creek, Mountain Run, Pamunkey Creek, Terry's Run, and Plentiful Creek is available upon request. Questions or information requests should be addressed to May Sligh with DCR. Written comments and inquiries should include the name, address, and telephone number of the person submitting the comments and should be sent to May Sligh, Department of Conservation and Recreation, email address: may.sligh@dcr.virginia.gov, telephone (804) 443-1494.

Total Maximum Daily Load for Kings Creek Watershed

The Department of Environmental Quality (DEQ), the Department of Conservation and Recreation (DCR), and Northampton County invite citizens to a public meeting to discuss the development of an implementation plan (IP) to address fecal bacteria impairments in the Kings Creek Watershed. Water quality monitoring indicates that bacteria levels in Kings Creek violate Virginia's water quality standards for shellfish propagation. A total maximum daily load (TMDL) study for the impairments was approved by EPA in 2007 and is available on DEQ's website at: http://www.deq.virginia.gov/tmdl/apptmdls/shellfish/cherryst.pdf.

The IP will identify ways to meet the pollutant reductions outlined in the TMDL study. The final public meeting to review the draft TMDL implementation plan will be held in the auditorium of the former Northampton Middle School on Wednesday, January 26, 2011, at 7 p.m., Northampton County Middle School, 7247 Young Street, Machipongo, VA.

The purpose of the meeting is to discuss the proposed management actions to reduce bacteria concentrations in the affected watershed and to solicit public comment on the draft IP. The IP includes the corrective actions needed to reduce bacteria and the associated costs, benefits, and environmental impacts. The IP also provides measurable goals and a timeline of expected achievement of water quality objectives. A copy of the draft IP will be available on the DEQ website by January 26, 2011, at: http://www.deq.virginia.gov/tmdl/iprpts.html.

How to comment: The public comment period on the development of the IP will end on February 28, 2011. Oral comments will be accepted and addressed at the public meeting. Additional questions or information requests should be addressed to Todd Herbert or Jennifer Howell. Written comments and inquiries should include the name, address, and telephone number of the person submitting the comments and should be sent to Todd Herbert, Department of Conservation and Recreation, 1548-A Holland Road, Suffolk, VA 23434, telephone (757) 925-2319, FAX (757) 925-2388, or email todd.herbert@dcr.virginia.gov or to Jennifer Howell, Department of Environmental Quality, 5636 Southern Blvd., Virginia Beach, VA 23262, telephone (757) 518-2111, FAX (757) 518-2003, or email jshowell@deq.virginia.gov.

VIRGINIA DEPARTMENT OF HEALTH

Drinking Water Construction

The Virginia Department of Health (VDH) will offer funding informational meetings at six locations throughout the state. Attendance is on a first come basis and is limited to 50 people at each location.

Material will focus on Drinking Water Construction funding available through VDH. The Drinking Water State Revolving Fund (DWSRF) Program and the Water Supply Assistance Fund (WSAGF) Program will be discussed. Attendees will be asked for specific suggestions and opinions.

Attendees will be advised on program updates and then guided through program criteria, program applications, and the project scheduling steps needed for smooth project implementation.

To attend, please return the form below by February 18, 2011, so VDH may properly plan the meeting. Mail the application to Theresa Hewlett at the Virginia Department of Health, Office of Drinking Water, 109 Governor Street, 6th Floor, Richmond, VA 23219 or fax it to (804) 864-7521. Questions should be directed to Theresa Hewlett at (804) 864-7501.

Drinking Water State Revolving Funds

The Virginia Department of Health (VDH) is pleased to announce several opportunities for drinking water funding. Construction applications may be submitted year round. However, applications received after the due date stated below will be considered for funding in the following cycle. As described below, funding is made possible by our Drinking Water State Revolving Fund (DWSRF) Program. VDH anticipates a funding level of $23 million. Also, the enclosed attachment describes our Water Supply Assistance Grant Fund Program. Limited funds will be available under this program. Our FY 2012DWSRF Intended Use Plan will be developed using the public's input on these issues.

(1) 1452(k) Source Water Protection Initiatives (5 pages). Must be postmarked by April 1, 2011. This provision allows VDH to loan money for activities to protect important drinking water resources. Loan funds are available to: (1) community and nonprofit noncommunity waterworks to acquire land/conservation easements and (2) community waterworks, only, to establish local, voluntary incentive-based protection measures.

(2) Construction Funds (10 pages). Must be postmarked by April 1, 2011. Private and public owners of community waterworks and nonprofit noncommunity waterworks are eligible to apply for construction funds. VDH makes selections based on criteria described in the Program Design Manual, such as existing public health problems, noncompliance, affordability, regionalization, the availability of matching funds, etc. Readiness to proceed with construction is a key element. A preliminary engineering report must be submitted if required by VDH. An instruction packet and construction project schedule are included.

(3) Set-Aside Suggestion Forms (2 pages). Must be postmarked by April 1, 2011. Anyone has the opportunity to suggest new or continuing set-aside (nonconstruction) activities. Set-aside funds help VDH assist waterworks owners to prepare for future drinking water challenges and assure the sustainability of safe drinking water.

(4) Planning & Design Grants (9 pages). Must be postmarked by August 26, 2011. Private and public owners of community waterworks are eligible to apply for these grant funds. Grants can be up to $30,000 per project for small, financially stressed, community waterworks serving fewer than 3,300 persons. Eligible projects may include preliminary engineering planning, design of plans and specifications, performance of source water quality and quantity studies, drilling test wells to determine source feasibility, or other similar technical assistance projects. These funds could assist the waterworks owner in future submittals for construction funds.

The VDH's Program Design Manual describes the features of the above opportunities for funding. After receiving the aforementioned public input, VDH will develop a draft Intended Use Plan for public review and comment. When developed in August, the draft Intended Use Plan will describe specific details for use of the funds. A public meeting is planned for October and written comments will be accepted before a final version is submitted to the Environmental Protection Agency for approval.

Applications, set-aside suggestion forms, Program Design Manuals and information may be requested from Steve Pellei, P.E., FCAP Director, telephone (804) 864-7500, FAX (804) 864-7521, or in writing to Virginia Department of Health, Office of Drinking Water, 109 Governor Street, 6th Floor, Richmond, VA 23219. Any comments can be directed to Mr. Pellei. The materials are also accessible on VDH's website at http://www.vdh.virginia.gov/drinkingwater/financial.

January 10, 2011

Water Supply Assistance Grant Funding

The 1999 General Assembly created the Water Supply Assistance Grant Fund (WSAGF) in § 32.1-171.2 of the Code of Virginia. The purpose of the WSAG is to make grant funds available to localities and owners of waterworks to assist in the provision of drinking water. The Virginia Department of Health (VDH) does not anticipate WSAG funds being made available at the present time. If funds are made available after the solicitation for grant funding, VDH with implement the following WSAG requirements.

Funds are available by submitting an application postmarked on or before the dates indicated for the following:

In ranking of applications, preference is given to those that address problems of small, community waterworks with multi-jurisdictional support. The applicant submits the current VDH planning application to VDH. To promote coordination of funding and streamline the process for applicants, grants are prioritized in accordance with rating criteria of the current DWSRF Program. For WSAGF funding purposes only, up to 50 extra points are added to the DWSRF rating criteria relative to the Stress Index rank.

Eligible activities may include but not be limited to: capacity building activities addressing regionalization or consolidation, performance of source water quality and quantity studies, drilling test wells to determine source feasibility, income surveys, preliminary engineering planning, design and preparation of plans and specifications, or other similar technical assistance projects.

(2) Surface Water Development or Improvement Grants – Application must be postmarked by April 1, 2011. Funding for community waterworks surface source water development or improvement activities. The application cannot exceed $200,000.

The applicant submits the current VDH construction application to VDH. In ranking of applications, preference is given to those that address problems of small, community waterworks with multi-jurisdictional support.

Eligible activities may include: land purchase, options to purchase land, general site development costs, and dam upgrade and construction.

(3) Small Project Construction Grants – Application must be postmarked by April 1, 2011. Funding for small project construction that is defined as a project whose total project cost does not exceed $50,000. Eligible activities may include but not be limited to: upgrade or construction of well or spring sources, waterlines, or storage tanks; and treatment.

The applicant submits the current VDH construction application to VDH. To promote coordination of funding and streamline the process for applicants, grants are prioritized in accordance with rating criteria of the current DWSRF Program. For WSAGF purposes only, up to 30 extra points are added to the VDH rating criteria relative to the Stress Index rank. Preference is given to community waterworks. This priority system ensures that all eligible acute or chronic health/SDWA compliance projects are funded before any other eligible project.

The VDH's WSAGF Program Guidelines describes the features of the above opportunities for funding.

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on December 20, 2010, December 28, 2010, and January 4, 2011. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, VA.

Director's Order Number Ninety-Nine (10)

Virginia's Instant Game Lottery 1215; "Lucky 8'S" Final Rules for Game Operation (effective December 20, 2010)

Director's Order Number One Hundred Five (10)

Virginia's Instant Game Lottery 1218; "Cruise for Cash" Final Rules for Game Operation (effective December 20, 2010)

Director's Order Number One Hundred Six (10)

Virginia's Instant Game Lottery 1236; "Hot $1,000" Final Rules for Game Operation (effective December 20, 2010)

Notice of Intent to Provide § 401 Water Quality Certification of Norfolk District Army Corps of Engineers Regional Permit

Pursuant to Virginia Water Protection Permit Regulation (9VAC25-210-130 H), the State Water Control Board (board) is giving notice of its intent to provide § 401 Water Quality Certification for activities authorized by the above referenced U.S. Army Corps of Engineers (USACE) Norfolk District Regional Permit after considering public comment for a 30-day period starting January 4, 2011.

The Regional Permit 5 (RP-5) was last issued on January 20, 2006, with an expiration date of January 31, 2011.

On December 6, 2010, the USACE Norfolk District published a notice of proposed reissuance and modification of the Norfolk District RP-5. The notice can be found at: http://www.nao.usace.army.mil/technical%20services/Regulatory%20branch/PN/11_ RP_05/11-RP-05_PN_06DEC11.pdf

The board hereby proposes unconditional § 401 Water Quality Certification for the RP-5 provided language is added to the permit to clarify that authorizations under the RP-5 do not obviate the need to get a Virginia Water Protection Program (VWPP) permit for water withdrawals from the impoundment.

Some activities covered by the RP-5 are already excluded from VWPP regulations and many other activities with smaller impacts are covered by reporting only provisions in VWPP General Permits. Therefore, DEQ has determined that it would be redundant to require an additional permit for construction of small impoundments that do not involve water withdrawal.

The board can only issue final § 401 certification of a nationwide or regional USACE permit if the permit meets the requirements of the VWPP regulation and after advertising and accepting public comment for 30 days on its intent to provide certification.

The board will issue its final § 401 Water Quality Certification for activities authorized by the above referenced USACE Norfolk District permits at the end of the 30-day comment period and after any comments received are considered. Written comments, including those by email, must be received no later than 5 p.m. on January 27, 2011, and should be submitted to David L. Davis at the address below. Only those comments received within this period will be considered by the board. Written comments shall include the name, address, and telephone number of the writer, and shall contain a complete, concise statement of the factual basis for comments.

DEQ's Office of Environmental Impact Review (OEIR) posted a public notice regarding the proposed USACE permit revisions. Comments are being received by the OEIR until January 7, 2011, pursuant to the federal consistency requirements under the U.S. Coastal Zone Management Act.

Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at http://www.virginia.gov/cmsportal3/cgi-bin/calendar.cgi.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/cumultab.htm.

Filing Material for Publication in the Virginia Register of Regulations: Agencies are required to use the Regulation Information System (RIS) when filing regulations for publication in the Virginia Register of Regulations. The Office of the Virginia Register of Regulations implemented a web-based application called RIS for filing regulations and related items for publication in the Virginia Register. The Registrar's office has worked closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.

The Office of the Virginia Register is working toward the eventual elimination of the requirement that agencies file print copies of regulatory packages. Until that time, agencies may file petitions for rulemaking, notices of intended regulatory actions, and general notices in electronic form only; however, until further notice, agencies must continue to file print copies of proposed, final, fast-track, and emergency regulatory packages.